Liability Waiver and Rules

Please read the below liability waiver and rules, acknowledge by completing the form at the end, and submit.

This Liability Waiver and Release Agreement ("Agreement") is entered into by and between Golf Hour L.L.C. (“Company”) and the undersigned customer (“Customer”), and is effective as of the date acknowledgement below. In consideration of the mutual agreements contained herein and other valuable consideration, including without limitation, Company’s agreement to allow Customer to participate in and otherwise benefit from certain activities, services, facilities and goods (as further outlined below), the receipt and sufficiency of which are hereby acknowledged and agreed.

Acknowledgement of Risks

  • The activities, services, products and facilities offered by Company include or otherwise relate to physical and recreational related activities, including without limitation, indoor golf, multi-sports, simulators, physical movement and moving objects, and the sale of food and beverages (including alcoholic beverages), which all involve inherent risks.

  • Activities involving golf and multi-sports and/or alcohol are dangerous in nature and can result in severe injury or death. 

  • Company has made no warranties as to the safety, fitness or condition of the activities, services, products and facilities offered by Company.

  • Other persons using the facilities of Company or otherwise participating in the activities and services offered by Company may be unskilled, untrained or inexperienced.

  • Customer will strictly comply with all rules and regulations of Company, including without limitation, those rules and regulations that relate to the activities, services, products and facilities offered by Company. Failure to comply with Company’s rules and regulations and all applicable laws may result in removal from the premises without any obligation of Company to provide a refund.

Facility, Simulator Bays, and Equipment Use

  • Company is not liable for any injuries or damages arising from improper use of the Company’s facilities, simulator bays, and/or associated equipment and supplies.  

  • The Customer is responsible for the proper use of these items and agrees to reimburse Company for the full cost of repair or replacement of any damaged items resulting from improper use.

Age Requirements

  • Participants under the age of 16 must be accompanied by a parent or guardian who will be responsible for their safety and conduct while using the facilities, simulator bays, and/or associated equipment and supplies.

Alcohol Consumption

  • If consuming alcohol, the Customer is of legal drinking age in North Carolina. 

  • The Customer will drink responsibly and understands that excessive alcohol consumption may impair their ability to use the golf and multi-sport simulator and associated equipment or engage in any other activities safely.

  • The Company reserves the right to refuse alcohol service to any person who appears intoxicated or whose behavior may pose a danger to themselves or others.

Release of Liability

  • The Customer, on behalf of themselves, their heirs, legal representatives, and assigns, hereby releases and forever discharges the Company, its employees, agents, officers, directors, and affiliates, from any and all claims, actions, damages, losses, or liabilities whatsoever, whether based in tort, contract, negligence or any other theory of liability, arising from or in any way related to the Customer’s participation in the activities and services provided by Company, or Customers use of the facilities and goods offered by Company, including without limitation, any injuries, damages, or accidents resulting from the use of the simulator or consumption of alcohol.

Indemnification

  • Customer agrees to indemnify, defend and hold harmless Company and the Company’s members, employees, and agents, from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities (including attorneys’ fees) brought as a result of or in connection with Customer engaging in activities and services provided by Company, or Customer’s use of the facilities and goods offered by Company. 

Arbitration

  • Any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before an arbitrator selected by the Provider, in accordance with the rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrator’s award in any court having jurisdiction; the expense of filing fees related to such arbitration shall be borne by the party instituting the action.

Media & Marketing

  • Customer consents Company and its affiliates to video, record, photograph, or otherwise document Customer use of or engagement with the activities, services, products and facilities offered by Company. The Company shall have the irrevocable right to use any and all media created in connection with the foregoing, including any and all deliverables, photographs, images, customer reviews or feedback, and any other materials created pursuant to this Section 7, in all forms and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes.

Consent to Medical Treatment

  • In the event of an emergency, the Customer consents to receive medical treatment as deemed necessary by qualified medical personnel. The Customer agrees to bear all costs associated with any medical treatment and/or emergency care.

Governing Law

  • This Agreement shall be governed by and construed in accordance with the laws of the state of North Carolina, and any disputes arising under or in connection with this Agreement shall be resolved in Wake County, North Carolina.

Severability

  • If any part of this Agreement is deemed invalid or unenforceable by a court of law, the remaining provisions shall continue in full force and effect.